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Proud or shameful legacy

Justice and the rule of law

IT IS TAKEN as a universally acknowledged truth in Western democracies that a strong rule-of-law tradition fosters stability and growth. Countless economic studies back this up; paeans have been written on the indispensible virtue of the rule of law to developing countries. It is included in the prescription of the Washington Consensus for ailing economies, and is a foundational principle of the Commonwealth Charter. In every Commonwealth country, except Rwanda and Mozambique, the legal system in place is a virtual replica of the much-vaunted British model of common law – the fountainhead of the rule of law.

But has the legacy of this model been a force for good across the Commonwealth? British historian Niall Ferguson proclaimed in his 2003 book Empire: The Rise and Demise of the British World Order and the Lessons for Global Power (Penguin) that ‘no organisation in history has done more to…impose Western norms of law, order... Read more

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From Griffith Review Edition 59: Commonwealth Now © Copyright Griffith University & the author.

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